Wash. Admin. Code § 296-65-015

Current through Register Vol. 24-20, October 15, 2024

Section 296-65-015 - Training course approval

(1) Basic and refresher asbestos training courses may be sponsored by any individual, person, or other entity having department approval. Refresher courses must be conducted as separate and distinct courses and cannot be combined with any other training.

(2) Prior to receiving department approval, each course must be evaluated by the department for the breadth of knowledge and experience required to properly train asbestos workers or supervisors. Course content must be carefully scrutinized for adequacy and accuracy. Training techniques will be evaluated by the department.

(3) Sponsors of basic and refresher training courses proposed for approval must submit:

(a) Background information about course sponsors;

(b) Course locations and fees;

(c) Copies of course handouts;

(d) A detailed description of course content and the amount of time allotted to each major topic;

(e) A description of teaching methods to be utilized and a list of all audio-visual materials; the department may, in its discretion, request that copies of the materials be provided for review. Any audio-visual materials provided to the department will be returned to the applicant;

(f) A list of all personnel involved in course preparation and presentation and a description of the background, special training and qualifications of each. Instructors must have academic and/or field experience in asbestos abatement. The department may, in its discretion, require proposed instructors to pass an examination on subjects related to their respective topics of instruction;

(g) A description of student evaluation methods and a copy of the required written examination including the scoring methodology to be used in grading the examination;

(h) A description of course evaluation methods;

(i) Any restrictions on attendance (language, class size, affiliation, etc.);

(j) A list of any other states that currently approve the training course;

(k) A letter from the course provider that clearly indicates how the course provider meets the EPA MAP requirements; and

(l) The amount and type of hands-on training for initial training courses.

(4) Application for training course approval and course materials must be submitted to the department at least sixty days prior to the requested approval date. Materials may be mailed to:

Asbestos Certification Program

Department of Labor and Industries

P.O. Box 44614

Olympia, Washington 98504-4614

(5) The decision to grant or renew approval of a basic or refresher asbestos training course must be in the sole discretion of the department.

(a) Following approval of a basic or refresher asbestos training course, the department will issue the course sponsor an approval that is valid for one year from the date of issuance. Application for renewal must follow the procedures described in subsections (3) and (4) of this section.

(b) Following approval of a basic or refresher asbestos training course, in recognition that asbestos abatement is an evolving industry, the department reserves the right to require additional subjects to be taught and to specify the amount of time which must be allotted to adequately cover required subjects. To ensure adequate coverage of required material, each sponsor must be provided and required to incorporate into their training course, a detailed outline of subject matter developed by the department.

(6) To be considered timely, the training course approval renewal must be received by the department no later than thirty days before the certificate expiration date.

(7) Any changes to a training course must be approved by the department in advance.

(8) The course sponsor must provide the department with a list of all persons who have completed a basic or refresher training course. The list must be provided no later than ten days after course completion and must include the name and address of each trainee.

(9) The course sponsor must notify the department, in writing, at least fourteen days before a training course is scheduled to begin. The notification must include the date, time and address where the training will be conducted.

(10) A representative of the department may, at the department's discretion, attend a training course as an observer to verify that the training course is conducted in accordance with the program approved by the department.

(11) Course sponsors conducting training outside the state of Washington must reimburse the department for reasonable travel expenses associated with department audits of the training courses. Reasonable travel expenses are defined as current state of Washington per diem and travel allowance rates including airfare and/or surface transportation rates. Such reimbursement must be paid within thirty days of receipt of the billing notice.

(12) The training course sponsor must limit each class to a maximum of thirty participants.

(13) The instructor to student ratio must not exceed one-to-ten for any of the training required by WAC 296-65-005(13) and 296-65-007(14).

(14) The department may terminate the training course approval, if in the department's judgment the sponsor fails to maintain the course content and quality as initially approved, or fails to make changes to a course as required by WAC 296-65-015(5). The minimum criteria for withdrawal of training course approval must include:

(a) Misrepresentation of the extent of training courses approval by a state or EPA;

(b) Failure to submit required information or notification in a timely manner;

(c) Failure to maintain requisite records;

(d) Falsification of accreditation records, instructor qualifications, or other accreditation information; or

(e) Failure to adhere to the training standards and accreditation requirements of chapter 296-65 WAC.

(15) Any "notice of termination of training course approval" issued by the department may act as an order of immediate restraint as described by RCW 49.17.130.

(16) Revocation of applications will be done in accordance with WAC 296-65-050.

(17) Recordkeeping requirements for training providers: All approved providers of accredited asbestos training courses must comply with the following minimum record-keeping requirements:

(a) Training course materials. A training provider must retain copies of all instructional materials used in delivery of the classroom training such as student manuals, instructor notebooks and handouts.

(b) Instructor qualifications. A training provider must retain copies of all instructors' resumes, and the documents approving each instructor issued by either EPA or the department. Instructors must be approved by the department before teaching courses for accreditation purposes. A training provider must notify the department in advance whenever it changes course instructors. Records must accurately identify the instructors that taught each particular course for each date that a course is offered.

(c) Examinations. A training provider must document that each person who receives an accreditation certificate for an initial training course has achieved a passing score on the examination. These records must clearly indicate the date upon which the exam was administered, the training course and discipline for which the exam was given, the name of the person who proctored the exam, a copy of the exam, and the name and test score of each person taking the exam. The topic and dates of the training course must correspond to those listed on that person's accreditation certificate.

(d) Training records. The training providers must maintain records that document the names of all persons who have completed training, the disciplines for which training was provided, training dates, and the training location.

(e) Verification of certificate information. Training providers of refresher training courses must confirm that their students possess valid accreditation before granting course admission.

(f) Records retention and access. The training provider must maintain the records in manner that allows verification via telephone of the required information.

(i) The training provider must maintain all required records for a minimum of three years. The training provider may find it advantageous to retain these records for a longer period.

(ii) The training provider must allow reasonable access to all of the records required by the EPA MAP, and to any other records which may be required by the department for the approval of asbestos training providers or the accreditation of asbestos training courses, to both EPA and to the department, on request.

(iii) If a training provider ceases to conduct training, the training provider must notify the department and give it the opportunity to take possession of that provider's asbestos training records.

(18) A representative of the department may, at the department's discretion, provide an examination as a substitution to the examination administered by the training course provider. The examination replacement will be used to verify that the training course is conducted in accordance with the program approved by the department.

Wash. Admin. Code § 296-65-015

Amended by WSR 17-18-075, Filed 9/5/2017, effective 10/6/2017

Amended by WSR 20-03-153, Filed 1/21/2020, effective 3/2/2020

Statutory Authority: RCW 49.17.040, [49.17.]050 and[49.17.]060 . 97-01-079, § 296-65-015, filed 12/17/96, effective 3/1/97; 96-05-056, § 296-65-015, filed 2/16/96, effective 4/1/96. Statutory Authority: Chapter 49.17 RCW. 89-21-018 (Order 89-10), § 296-65-015, filed 10/10/89, effective 11/24/89; 87-24-051 (Order 87-24), § 296-65-015, filed 11/30/87. Statutory Authority: RCW 49.17.050(2) and 49.17.040. 87-10-008 (Order 87-06), § 296-65-015, filed 4/27/87. Statutory Authority: SSB 4209, 1985 c 387. 85-21-080 (Order 85-30), § 296-65-015, filed 10/22/85.